TEN™ Programs help you meet your health goals while supporting an attainable and sustainablehealthy lifestyle.

About beTEN®

www.beten.com is owned and operated by Biostem Wellness, Inc, located in Fort Lauderdale, FL. The TEN® Programs and Impact Factor® are proprietary and trademarked by Biostem Wellness, Inc.

Our mission

The team at TEN® has a mission to develop innovative resources to improve your life. We created a simple online tool to help you achieve your body’s full wellness & body weight potential. Drawing on the latest nutrition research and behavior science breakthroughs, the beTEN SLIM Programs & beTEN Strong Programs are simply designed to work.

Personalized for you, TEN provides the information, structure, tools and encouragement to be healthy, manage your weight, feel good and live better.

Developed by nutritionists and wellness experts

TEN’s groundbreaking programs are based on extensive research in the fields of nutrition and behavior science. Led by Nutritionist, Laura Klein, MS, our in-house R&D team leverages current published research to create the most effective programs possible.

TEN does not believe that focusing only on calories is a healthy solution for being well and managing body weight. The team at TEN knows that Wellness and Weight Management is complex and multi-dimensional, and has created Programs that incorporate and encourage daily behaviors which have positive health impacts.

TEN Program Benefits

Health Recommendations. Based on US Health Agency Recommendations and Guidelines, TEN provides the information, personal recommendations, structure and tools to help improve your health status and meet your wellness and weight goals.

You’re in control. You decide what foods you want to eat and what action you take to meet TEN each day. Using TEN’s recommendations, the log tools indicate which choice has either a positive or negative impact on your health in real-time.

Simple & Quick Tools. Multiple studies have been published about the benefits of keeping a food and activity journal, but most logs are too cumbersome and time-consuming to be useful. TEN’s tracking is quick, easy and fun, focusing on Food Groups and daily Behaviors. Whether you eat a banana, kiwi or mango, TEN makes it easy to log and get credit for “a Serving of Fruit”.

Small Actions and Big Results. TEN encourages you to make simple, small steps each day toward your Wellness and Weight goals.

FAQ

How is TEN™ different from all the other programs out there?

The TEN Programs are:
- Focused on helping you meet your health recommendations and encouraging healthy behaviors.
- Attainable and sustainable. Most programs out there are difficult to follow and aren't designed for long term success.

TEN Programs leverage new technology for ease of use to help you stay engaged with the program so you can achieve your personal wellness and weight goals.

TEN does NOT focus on counting calories, but instead focuses on the nutritional quality of your diet.

TEN realizes that being well and maintaining a healthy weight is a complex challenge in today's world.

What is the difference between the WELL and the WEIGHT Programs?

While both programs are focused on foods and behaviors that have positive health impacts, TEN WEIGHT Management is a more structured program geared towards weight loss. TEN WEIGHT uses a formula which calculates the optimum food servings, based on your personal preferences and US Health Agency recommendations, for you to lose weight.

The TEN WELL Program is focused on helping you meet your health recommendations and encouraging healthy behaviors.

Can I also lose weight on the WELL Program?

Yes, the TEN WELL Program incorporates several proven weight loss strategies into the Program. First, TEN WELL encourages consuming more fruits, vegetables and whole grain foods by assigning positive Impact Factors to each serving.

Research has shown that people who eat more fruits, vegetables and whole grains weigh less than those who don't.

Also, we've made tracking your servings of these Impact Groups extremely fast and easy. Studies have shown that people who keep a food log lose twice as much weight than those who don't.

What is an Impact Factor™?

An Impact Factor™ (IF) is a value assigned to foods and behaviors according to their effect on your personal health, well-being and body weight. Positive IFs are assigned to foods and behaviors which have a positive impact on your health and negative IFs are assigned to foods and behaviors which are known to negatively impact your health, well-being and body weight.

How does TEN work?

TEN Programs are personalized for each individual. TEN breaks down current research and over-arching health recommendations into easy understandable daily actions.

Your goal is to reach TEN credits each day by accumulating the IFs associated with eating and doing things that positively impact your health, well-being and body weight.

Can I reach TEN without exercising?

Yes, while we all know the benefits of exercise, you can reach TEN by eating and doing other impactful behaviors.
TEN was designed realistically and encourages leisure-time activity, watching less TV, taking time to "un-plug" and giving your body and mind time to regenerate.

Privacy Policy

We take your privacy and the security of your personal information seriously.

We strive to protect your privacy and maintain your trust and confidence when visiting our Website and using our Online Products. This Privacy Policy discloses the privacy practices of the beten.com website (the “Website”), how we gather information from you, how we protect your information and the choices you have about how your information is used. Because we may amend this Privacy Policy from time to time, we recommend that you to revisit this Privacy Policy on a regular basis. By using the Website, you agree, without limitation or qualification, to be bound by this Privacy Policy. This Privacy Policy applies only to information collected by beten.com online.

Please note that this Privacy Policy applies only to information collected by our Website or through our Online Products. We are not responsible for the privacy of any information you reveal or post in any public forum (such as social media or message board postings, blogs, personal pages, etc.) or for the privacy practices of websites that are operated or owned by third parties. Also, accessing a third party website from a link on the Website and any information you reveal on that site is not covered by this Privacy Policy. Please consult the privacy policies of each website you visit.

What information do we collect about you on our Website or through our Online Products?

We collect both personally identifiable information and non-personally identifiable information.

Personally Identifiable Information.

Personally identifiable information ("Personal Information") is information voluntary provided by you through optional registration or other methods that can be used to identify you, contact you, or create a personalized and customized experience for you while using the Website or Online Products. Such Personal Information may include your name, birth date, gender, height, weight, address, email address, telephone number, and billing and payment information. We may request Personal Information from you when you register on our Website, subscribe to our Online Products, or in connection with other Online Products we may make available on our Website from time to time. Unless you give us permission to do so, we will not sell, share, license, trade or rent your Personal Information other than as specified in this Privacy Policy.

You do not have to provide us with any Personal Information to visit our Website. However, if you choose to withhold requested information, you may not be able to visit all sections of our Website or use all of our Online Products, such as subscribing to our online wellness or weight management tools or posting content, comments or images on our Website.

Non-Personally Identifiable Information.

Non-Personally Identifiable Information (“Non-Personal Information”) is general information that by itself cannot be used to identify or contact you, such as demographic information (like age or city) and health information (like body weight). Other Non-Personal Information, like data from users who visit the Website, may also be collected, for example the user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. Non-Personal Information is used to help us understand who uses our Website and to improve and market our Website in general and our Online Products in particular..

Information from Other Sources.

We may also supplement and aggregate the information we collect with information from other sources to assist us in evaluating and improving our Website and Online Products, to determine your preferences so that we can tailor our Website and Online Products to your needs, and/or to study nutritional, wellness, weight-management, behavioral and fitness questions in general.

How is the information collected on the Website or through our Online Products and what is it used for?

In order to access and utilize certain Online Products on our Website, such as the health assessment, the wellness and weight-management tools and the food database, you may be required to provide us with information (including Personal Information) such as name, height, weight and email address, and, if you subscribe to one of our Online Products, payment and billing information.

This information is used to:
- Customize and personalize the Online tools, resources and experience for those who use the Website
- Help us understand who uses our Website
- Improve our Website and our Online Products
- Contact users about requested Online Products and/or for subscription billing purposes.

Cookies and Action Tags.

We also collect Non-Personal Information passively using "cookies" and "action tags."

A cookie is a small text file stored on a user's computer or mobile device for record-keeping purposes. Cookies are used to identify the Web Browsers accessing the Website, to determine the number of unique visitors, to personalize your online experience, to identify returning visitors, and to provide you with advertisements and messages of interest to you. The Website does not store any Personal Information in any cookies on your computer. However, we do link the non-personal information we store in cookies to your Personal Information.

Also, companies offering products or services through our Website may use their own cookies. This Privacy Policy covers the use and placement of cookies by beten.com only, and does not cover the use or placement of cookies by any third party.

We also use a third-party advertising company to serve ads when you visit our Web site. This company may use non-personally identifiable information about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.

We also may use cookies to conduct marketing and promotional efforts, tailor certain advertisements to your browser that we think may be of interest to you, or to determine the popularity of certain content. We may link the information stored in cookies to Personally Identifiable Information you provide us, and to personalize your Website experience we may store Personally Identifiable Information you provide us in an encrypted form in temporary or “session” cookies, which are erased when you close your browser.

Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to reset the browser to manage cookies in the "Help" section of the toolbar. If you reject our cookie(s), you will be restricted to certain free areas of our Website and will be unable to access areas of the Website available to Subscribers.

"Action tags," also known as web beacons or GIF tags, are a web technology used to help track anonymous website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of our Website, including advertisements, or e-mail sent on our behalf, may contain action tags. Unlike cookies, action tags are not placed on your computer.

For example, third-party ad servers such as DoubleClick may track anonymous website usage through action tags on our Website and other websites. They do this by setting a cookie (or reading a cookie previously placed by them) on users' computers to track the activities of users who view a web page that contains action tags. Ad servers may use information about your visits to this Website and other websites in order to provide advertisements about goods and services that may be of interest to you. Periodically, upon our request, the ad servers may report the anonymous data that they collect on our behalf back to us for our internal use and analysis and our treatment of this anonymous data is governed by the terms of this Privacy Policy.

Similarly, we use Google Analytics to help us track and analyze usage of our Website, using cookies and action tags. All data collected by Google on our behalf is owned by us and used to better understand our users and improve our Website. More information can be found in Google’s Privacy Policy.

By using cookies and action tags together, we are able to gain valuable information to improve our Website and our Online Products and measure the effectiveness of our advertising and marketing campaigns. We do not disclose any of your Personally Information to our advertising partners through the use of cookies or action tags.

Finally, please note that advertisers and other third parties may also use their own cookies or action tags when you view or click on their advertisement or link to their website or service, on or from our Website. This Privacy Policy does not govern the use by such third-party websites or providers of third-party advertising.

Social Media Features and Widgets.

You have the option to leverage features on the Website which includes social media buttons and widgets provided by third party social media platforms such as Facebook and Twitter (collectively, the “Features”). A Feature may collect your IP address and which page you are visiting on our Website, and may set a cookie to enable the Feature to function properly. This cookie may allow the social media platform to link the foregoing data with your user profile. The Features are either hosted by the third party platform or directly on our Website. Your interactions with these Features are governed by the privacy policy of the relevant platform.

Facebook Connect or other OpenID provider

You can log in to our Website using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity.

Children under age 13.

We are committed to protecting the privacy of children. This Website is not designed for, nor intended to attract children under the age of 13.

Information collected by Third Parties not acting on behalf of beten.com

Sponsors, partners or advertisers on the Website or in emails, special promotions, or newsletters we send you may also use their own cookies or web beacons when you click on their advertisement or link to their website or service, or even if the advertisement simply appears on a page or in an email that you are viewing.

We do not control third parties' use of cookies or web beacons, or how they manage the non-personal information they gather through them. Please review the privacy policy of other sites you visit or link to from our site to understand how these other sites use cookies and how they use the information they collect through the use of cookies or web beacons on their own sites.

Public Forums.

As mentioned above, this Privacy Policy does not protect you when you use beten.com public forums. As a service to our users, beten.com features social postings, where users can share diet, nutrition, and/or fitness information and support one another or post questions for experts to answer. In addition, we offer online discussions on a variety of topics moderated by experts. You should be aware that any information shared in a blog, chat room, bulletin board, or online discussion is public information and may be seen, disclosed to, or collected by third parties that do not adhere to our Privacy Policy. You should think carefully before disclosing any personal information in any public forum.

This Privacy Policy does not protect you when you send business information, ideas, concepts or inventions to beten.com by email to the contacts listed on the "Contact Us" link on our Website. If you want to keep business information, ideas, concepts or inventions private or proprietary, do not send them in an email to beten.com.

Disclosure of your information.

Except as set forth in this Privacy Policy or as specifically agreed to by you, beten.com will not disclose any Personal Information it gathers from you on our Website without your prior permission. Except as set forth herein, you will have the opportunity to opt-in to beten.com sharing your Personal Information with third parties, and you can withdraw your consent to beten.com sharing your information at any time.

In some circumstances, we must disclose your Personal Information to third parties who help us administer our Website or our services. These third parties are required to keep your information confidential and do not use your information for any purpose other than the purpose under which your information was collected. We also disclose your information to our Affiliates (defined below).

We may also release Personal Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, court order, or legal process; or (2) in special cases, such as a physical threat to you or others, or to protect the rights and/or property of beten.com. Additionally, in the unlikely event that the entirety of our business is sold, liquidated, merged, or transferred to a third party, we may transfer all personal and non-personal information to the party purchasing or merging with us.

Affiliates.

We may disclose information (including Personal Information) about you to our Affiliates. For purposes of this Privacy Policy, "Affiliates" means any person or entity which directly or indirectly controls, is controlled by or is under common control with beten.com, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Privacy Policy.

Third Parties Generally. Occasionally we may invite you to be contacted by third parties whose goods or services may be of interest to you. We will only share your Personal Information with these third parties if you grant us permission to do so. If you opt-in to such sharing, we may also share your Personal Information with licensors of certain diet, nutrition, and/or health-related programs offered on or through our Website.

We may provide third parties with non-personal information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website. For example, we provide our advertisers and other third parties with aggregate, non-personal information about our Website users, including the number of unique users who visit our Website, the demographic breakdown of the registered users of our Website, or the activities that visitors to our Website engage in while on our Website.

Outside Contractors. We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to our Website, including but not limited to maintaining an email suppression list as required by state and/or federal law; hosting and maintaining our chat rooms; providing credit card processing and shipping fulfillment; fraud screening; testing and implementation of special services such as those for contacting members to offer personal, one-on-one, nutritional and member support to help members to reach their goals; and developing applications for our Website and email services. These Outside Contractors may sometimes have limited access to information collected on our Website, including your Personal Information, in the course of providing products or services to us. Access to your Personal Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us.

Third Party Sellers. Through our Website, you may be given the opportunity to purchase (or to obtain more information) regarding certain content, products or services which are sold through a person or company other than us or our Affiliates (collectively, "Third Party Sellers"). In addition, if you purchase a product or service through one of our co-branded stores (rather than through our Online Store), you will likely be purchasing the product through a Third Party Seller, not from us. We will attempt to notify you when you are dealing with a Third Party Seller by opening a new browser or otherwise notifying you that you are leaving our Website. For example, if you see a phrase such as "powered by" or "brought to you by" followed by the name of a person or company other than beten.com, then you are likely on, or about to enter, a website hosted or operated by a person or company other than us. Third Party Sellers may request that you submit certain Personal Information (e.g., name and address for shipment purposes) to them in order to purchase their products or services or to obtain additional information from them. Alternatively, we may offer the products or services of these Third Party Sellers in our Online Store or elsewhere through our Website. If you should make a purchase of these products or services, we will transmit your purchase data and your Personal Information to the Third Party Seller so that the transaction can be processed.

If you do not wish for a Third Party Seller to have access to your Personal Information, please do not make a purchase in our Online Store (or elsewhere on our Website). By submitting the requested information, you affirmatively consent to have that information shared with the Third Party Seller. This information is used by the Third Party Seller and may be subject to a different privacy policy. We do not otherwise share or disclose your Personal Information to Third Party Sellers unless you give us permission to do so.

Linked Sites. In addition to the third party websites that you may access as described above, for your convenience there are links to websites operated by companies other than beten.com ("Third Party Websites") that are not contractors who provide content or services through our Website. These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsorsbeten.com does not disclose your Personal Information to these Third Party Websites without obtaining your consent. In addition, beten.com does not endorse and is not responsible for the privacy practices of these websites. If you choose to link to one of these Third party Websites, you should review the privacy policy posted on the other site to understand how that Third Party Website collects and uses your Personal Information.

Other Disclosures. We reserve the right to transfer information to a third party in the event of a sale, liquidation, merger, or other transfer of all or substantially all of the assets of beten.com. We will endeavor, in good faith, to gain the third party's agreement and adherence to the terms of this Privacy Policy. In addition, we will notify users of any such transfer through notice on our Website and through email.

Data Security

The security of your Personal Information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link www.verisign.com.

We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

If you have any questions about security on our Website, please email us at help@beten.com

Your Privacy Choices

Except as otherwise described in this Privacy Policy, we will only use Personal Information for the purposes described above or as otherwise disclosed at the time we request such information from you. You may also change your preference and "opt-out" of receiving voluntary, non-transactional communications by changing that option in your Member Profile and/or Subscription Profile feature of our Website, following the directions provided in association with the communication, or by contacting privacy@beten.com. You may also change your mind as to whether beten.com may share your information with third parties by changing the option in your Member Profile and/or Subscription Profile, or sending an email to privacy@beten.com.

Except as otherwise stated herein, users of our Website are notified when Personal Information is being collected by third parties on our Website.

Please know too that you may always choose not to provide information, though it might be needed to take advantage of offers or Website features. You can add or update certain information you provide to us through your Member Profile and/or Subscription Profile or by contacting help@beten.com.

Updating your Personal Information.

You can always contact us in order to (1) update or correct your Personal Information, (2) change your preferences with respect to communications and other information you receive from us or third parties, or (3) delete the Personal Information maintained about you on our systems, by accessing your Member Profile and/or your Subscription Profile or by contacting privacy@beten.com. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change, or deletion.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to beten.com from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that will be difficult or impossible for us to locate. Nevertheless, we promise that upon receiving your request, all Personal Information stored in the databases we actively use for research and daily business activities, and other readily searchable media, will be disabled.

Contact Us with Privacy-Relation Questions

If you have a complaint or problem, you may email us at help@beten.com and we will forward your complaint to the appropriate internal beten.com department for a response or resolution. We try to answer every email in a timely manner but are not always able to do so. If you have any questions about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact us in any of the following ways:

BY USING OUR WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE OUR WEBSITE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.

Terms of service

Last Updated 11/26/2017

Welcome to TEN™!

PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF OUR WEBSITE AND OUR SERVICES CAREFULLY.

The web pages and applications available at www.beten.com and all sub-domains thereof (the "Site") are owned and operated by Biostem Wellness, Inc. (the "Company", "us", "we", and "our") including, without limitation, this Site and any other Site that we may own or operate and are accessed by you and/or your agents, employs, or assigns (the "Subscriber", "user", "you" or "your") under the following terms of service. All of our programs, tools, services and online fee-based products that we may offer (the "Service" or the “Services”) are governed by these terms (the "Terms", the "Terms of Service", or the "Agreement").

Agreement

YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the use of the Services and access to the Site. The Terms of Service are void where prohibited by law, and the right to access the Site and Services are revoked in such jurisdictions.
THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE, CEASE USING THE SERVICES AND ARRANGE TO CANCEL YOUR REGISTERED USER ACCOUNT OR SUBSCRIPTIONS, AS APPLICABLE.
By accessing, browsing, or using the Services, you agree to abide by the terms and conditions set forth in this Agreement. If you do not accept the Terms of Service and the Privacy Policy, which can be found here, you are not authorized to use the Services. If you violate the Terms of Service, we may immediately deactivate or delete your user account (your “Account(s)”) and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Site (or part thereof) and/or our Services. You acknowledge that the Company is not required to provide you notice before it so terminates your Account(s).

General

We may, from time to time, at our sole discretion and without notice, update or revise the Terms of Service. If we update or revise the Terms of Service we will notify you by posting the updated or revised Terms of Service on the Site. Your use of the Site following any such update or revision constitutes your agreement to follow and be bound by the Terms of Service as updated or revised. You can view the most current Terms of Service at any time by clicking on the Terms of Service link at the bottom of the Site's home page. It is your responsibility to review the Terms of Service periodically.

No Medical Advice

Our Services do not constitute medical advice or opinion. Biostem Wellness, Inc. is not a medical organization and we cannot give you medical advice. Use of the Site does not establish a doctor-patient relationship. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet, exercise or behavior program.

Health Disclaimer

If you have a medical or health condition, including but not limited to, diabetes, cancer, an eating disorder or are pregnant, you should get a physician’s approval prior to using our Services.

Your Use of This Site

Subscriber is fully responsible for connecting to or accessing the Site and using the Services, including but not limited to required hardware, such as a modem and internet connection.

Unless otherwise specified, in consideration for your Agreement to the Terms of Service, we grant you a non-exclusive, non-sublicensable, non-transferable, revocable, limited right to access, use and display this Site and the material provided hereon, and the Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Site and/or our Services.

During the registration process or other parts of the Site requiring your data input, you are required to provide the Company with accurate, complete, and updated information (“Subscriber Data”). It is your responsibility to maintain updated and current Subscriber Data, including current registration and billing information. You agree that you will not select or use as a TEN User ID of a name of another person with the intent to impersonate that person or (ii) select a TEN User ID that contains profanity or is otherwise offensive. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion.

In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Site or our Services, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriber's access to parts or all of the Services without notice or liability.

You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of Services, changes to policies, Subscriber access, change in content or change in the amount or type of fees charged made by us pursuant to this provision or this Agreement , is to cancel or terminate your membership, subscription or registered user account, as applicable.

Payment

Some of the Services selected require payment of fees paid by you, the Subscriber. You agree to pay all applicable fees, such as fixed and periodic charges (Sign Up Fee and the recurring Monthly Fee), and applicable taxes with a valid credit card that you are authorized to use or other form of payment which we may accept (Acceptable Payment Form). The Company reserves the right to change pricing and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by email or posted on the Site. Use of the Services by you, the Subscriber, following such notification constitutes your acceptance of any new or changed charges or other changes. If any such new or changed charges or other changes are unacceptable to you, you may cancel your subscription at any time by accessing the "Account Settings" link on the Site. However, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation. Additionally, the Company will not prorate fees for any subscription.

Recurring subscription fees paid by credit card or another Acceptable Payment Form will automatically renew, unless you affirmatively cancel your subscription prior to the beginning of the next applicable period for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that the Company is authorized to charge the same credit card or other Acceptable Payment Form for all applicable fees. It is your responsibility to ensure there is enough money in your account for debit card payments. The Company is not responsible for bank fees or penalties. You agree to promptly notify the Company of any changes to your credit card or Acceptable Payment Form while any subscriptions or fees remain outstanding.

Trials and Promotions

We may offer trial memberships or other promotions. At the end of the trial period for the membership or the promotion, the membership or promotion will convert to a standard membership according to the terms and conditions outlined in the trial or promotion. If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period or in accordance with the applicable trial or promotion rules.

Termination and Refund Policy

You may cancel the Services at any time by clicking on the "Your Account" link and clicking the Cancel Account option. If you had selected a Savings Plan and cancel before the savings period has completed, you will be charged the pro-rated Standard Monthly fee for your subscription (currently $19.99). Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of the Terms of Service. Any fees paid or accrued hereunder are non-refundable.

Effect of Termination

Upon termination of the Subscriber's Account(s), Subscriber's right to use the Services, access the Site, and any Content will immediately cease. All provisions of the Terms of Service, which by their nature should survive termination shall survive, including, without limitation, all disclaimers, indemnity and limitations of liability.

User Security

Subscribers shall be solely responsible for maintaining all of the Subscriber Data, including but not limited to, the confidentiality of passwords to Subscriber's Account(s).

You are solely responsible for all activity on your Account(s) and for the security of your computer systems. You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s), including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are subject to termination if you or anyone using your Account(s) violates the Terms of Service.

Property Rights in Site Content

All materials available through the Site and Services (collectively, the “Content”), including but not limited to text, designs, graphics, icons, images, pictures, video, audio clips, information, articles, recipes, applications, software, data (including member data) and other files, and their selection and arrangement, is our exclusive property or that of our licensors with all rights reserved. No Content or Services, in whole or in part, may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, without our prior written permission, except as expressly allowed under this Agreement. All rights reserved.

You may access the Content, and other items displayed on the Site for personal use only. You may not download, copy or store any of the Content in any form from the Site without the prior written permission from the Company or otherwise explicitly permitted on the Site. Your use or access of the Site does not grant you any rights in or to the intellectual property of the Company or any third-party.

You agree not to decompile, crack or attempt to decompile or crack the Site's files. You understand that all tools, logs, algorithms, and data in the Site’s files, and in the servers driving the files, are Company's proprietary information and constitute "trade secret" as defined, without limitation, in the Uniform Trade Secrets Act.

Consent to receive email

When you register to use the Site and Services, you hereby consent to receive periodic email communications from Company, including customer service issues, newsletters, new product offers and other matters. You may choose to opt out of certain newsletter and product email correspondence; however, Company reserves the right to email you at any time regarding your account and your use of the Site and Service.

Links to other websites

The Site may reference or link to other websites. The Company has no control over these websites and is not responsible for them, including the site’s availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services. You agree that Company shall not be liable for any loss or damage of any sort associated with your use of the site’s content and will not be a party to or in any way be responsible for monitoring any transaction between you and other websites. Links and access to these websites are provided for your convenience only and should you choose to access such other websites you acknowledge that you do so voluntarily and assume all risk.

Warranty Disclaimer

You agree that your use of the Services is at your sole risk. The Site and any Services are provided on an “As Is” basis, without warranties of any kind, either express or implied. The Company does not guarantee that your services will be uninterrupted or error-free.

You acknowledge that you have no right to any data created by your access to or use of the Site and/or Services. YOU AGEE THAT YOU WILL NOT HOLD COMPANY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF (OR LOSS OF ACCESS TO OR LOSS OF USE OF) THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA.

Limitation of Liability

With respect to the use of the Site and/or Services, IN NO EVENT SHALL THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE FOR (I) ANY AMOUNT IN EXCESS of THE AGGREGATE FEES PAID BY SUBSCRIBER THEREFOR; OR (II) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR OF ANY DAMAGESWHATSOEVER, including but not limited to loss of use, bodily injury, loss of profits or loss of data.

Liquidated Damages

Because it is difficult to determine exact damages that Company would suffer as a result of misappropriated Content, you acknowledge and agree that in the event you misappropriate or use Content without permission, Company is entitled to recover from you liquidated damages in the amount of seventy-five hundred dollars ($7,500) per graphic or image and thirty-five thousand dollars ($35,000) for each and any other Content misappropriated or used without permission. You understand and agree that the liquidated damage amounts are reasonable, but the liquidated damage amounts do not in any way limit actual damages, if so pursued. The Company does not waive its right to pursue any and all remedies available.

Irreparable Injury

You expressively acknowledge that any actual or threatened breach of this Agreement or infringement of proprietary rights by you would cause irreparable injury to the Company and would therefor entitle Company to injunctive relief without any additional proof or showing of irreparable injury or harm.

Indemnification

You agree to indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, officers and/or employees, including attorneys' fees and expenses, from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of the Terms of Use, or the infringement of any intellectual property or other right of any person or entity.

User Content

When you post messages, upload files or otherwise communicate on the Site (“User Content”), you grant the Company a perpetual, royalty-free and irrevocable right to license and use the User Content in any way the Company chooses, including but not limited to modifying, adapting, publishing, reproducing, sublicensing, transferring and selling.

You agree that all User Content created, uploaded and/or posted on the Site will abide by the following rules:
-Not be corrupt or contain viruses or programs that may adversely affect the Site or another’s computer
-Not be offensive, abusive inappropriate or threatening in any manner
-Not be used to impersonate another or falsely represent yourself
-Not be infringing
-Not be used to promote oneself or other business or be part of any multi-level marketing or contest
-Not violate any applicable laws

Prohibited Uses

You also agree without limitation to other uses specified elsewhere in this Agreement, you agree to:
-Not access content not intended for you
-Not attempt to breach security or interfere with or cause harm to the Site in any way

Arbitration Requirement

By using the Site and/or Services, you agree to resolve Arbitral Claims (as defined below) arising out of this Agreement by binding arbitration through Court Mediation and Arbitration in Fort Lauderdale, FL.

As used in this Agreement, an “Arbitral Claim” is any claim you have against the Company or the Company has against you, but specifically excludes claims by the Company to enforce its Intellectual Property rights or to prevent or remedy unfair competition, unauthorized access, security breaches, fraud or espionage.

You further agree that:
-You will not join any Arbitral Claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding
-You will waive the right to a jury trial
-No Arbitral Claim will be resolved on a class wide basis

Miscellaneous

You further agree that the personal jurisdiction of and exclusive venue in the federal and state courts and serving as the legal forum for any dispute arising out of this Agreement and not precluded as an Arbitral Claim is located in Fort Lauderdale, FL.

This Agreement shall be governed by and construed in accordance with the laws of the state of Florida without regard to the conflict of laws provisions thereof.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority to bind Company in any respect whatsoever